The Oregon Supreme Court has heard oral arguments about whether a lawsuit against the Tillamook County Creamery Association should be allowed to proceed. The lawsuit, filed in 2019 by an animal welfare group, alleges Tillamook of misleading marketing and misrepresenting its livestock practices. Tillamook, founded in 1909 as a farmer-owned cooperative, is known for its varieties of cheese, ice cream, and yogurt. It is accused of “greenwashing” — the act of making false or misleading statements to persuade consumers that a company is environmentally friendly.
Tillamook has denied the allegations and said it is open about its environmental stewardship practices. The five-year-old lawsuit, filed as a class action by the Animal Legal Defense Fund on behalf of four Oregon residents, alleges Tillamook’s advertising campaigns allowed the creamery to sell its products at a premium. It claims the creamery’s marketing led consumers to believe its milk is sourced from small, family-owned, pasture-based dairies in Tillamook County, when in reality it sources two-thirds of its milk from one of the country’s largest factory farms with over 28,000 dairy cows.
The dairy farm in question, Columbia River Dairy, is located just outside Boardman, Oregon — where Tillamook also runs a secondary cheesemaking facility. Columbia River is owned by Threemile Canyon Farms, which is one of a handful of farms and agricultural processors recently sued in a separate class action by Eastern Oregon residents for contributing to a decadeslong nitrates pollution crisis in the Lower Umatilla Basin. Threemile also operates a beef operation and farms a variety of crops on 93,000 acres of land.
The plaintiffs are seeking an injunction against Tillamook ordering the company to either change its marketing campaigns or change its livestock treatment practices. Tillamook did not comment on the claims. The Oregon Dairy Farmers Association reached out separately to the Oregon Dairy Farmers Association, which didn’t respond for comment by the time this story was published. In a court document, Tillamook said it hasn’t tried to hide its relationship with Columbia River Dairy or Threemile Canyon Farms.
The Oregon Supreme Court hearing, held on March 4, was not about whether or not Tillamook’s marketing was deceptive. The case was originally filed in the Multnomah County Circuit Court. A judge in that court dismissed it as a class action in 2020, and the Oregon Court of Appeals affirmed that judge’s decision in 2022. Multnomah County Circuit Judge Kelly Skye wrote the case does not qualify as a class action because each plaintiff would have to prove they relied on Tillamook’s advertising when deciding to purchase its products. Now, the plaintiffs are looking to reverse those decisions.
Joyce Tischler, a professor of animal law at the Lewis and Clark College law school, said she believes the lower court misinterpreted an Oregon consumer protection law in its decision making and that it’s in consumers’ best interest for the lawsuit to be allowed to move forward. She said similar lawsuits against food giants, such as food manufacturers and fast food chains, are on the rise nationwide as consumers seek to support companies that align with their values, whether it’s environmentally conscious farming practices or humane animal conditions.
